Facts

• Employment: Mian was hired by Expro Canada in November 2019, initially applied to Expro North in October 2019.
• Contracts: Temporary contract with Expro Canada extended to indefinite. Supervision shifted from UK-based to US-based.
• Termination: Mian's employment was terminated without cause in October 2022.

Claims

• Wrongful Dismissal: Mian claims wrongful dismissal.
• Negligent Misrepresentation: Allegations against Expro North regarding the hiring process.

Issues

1. Jurisdiction: Does the court have jurisdiction over Expro North?
2. Forum Non Conveniens: Is Nova Scotia the appropriate forum?
3. Application to Action: Should the application be converted to a full action?

Analysis

• Common Employer Doctrine: The court found Expro Canada and Expro North acted as common employers.
• Connection to Nova Scotia: The court found a substantial connection through employment performed in Nova Scotia and Expro North’s involvement.
• Presumptive Factors: Applied CJPTA sections, establishing jurisdiction based on contractual obligations and business conducted in Nova Scotia.

Decisions

1. Jurisdiction: The court assumed jurisdiction over Expro North.
2. Forum: Nova Scotia was deemed the appropriate forum to avoid multiple proceedings.
3. Conversion: The application was converted into an action due to complexity and need for comprehensive discovery.

Conclusion

The court ruled in favor of the applicant on jurisdiction and forum issues, requiring the case to proceed as a full action due to its complexity.

The court did not specify any monetary award.